Legal Opinion

The Brook, Inc. v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided August 21, 1986No. 1475, Docket 86-4025PublishedCited by 28 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

The Brook, a tax-exempt social club, appeals the decision of the Tax Court, Jules G. Korner, III, Judge, upholding the Commissioner of Internal Revenue’s finding that the club had made inadequate tax payments on the portion of its 1979 and 1980 earnings subject to income tax under 26 U.S.C. § 511 (1982). 1 The club had avoided paying any income tax by using losses it suffered in providing meals to non-members to offset its investment income. The Tax Court concluded that 26 U.S.C. § 512(a)(3)(A) 2 permitted the club to deduct from income only those expenses which were…

2Cases cited39 opinions

  1. United States v. TurketteSupreme Court of the United States · 1981
  2. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  3. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
  5. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955

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3Cited by28 opinions

  1. James E. Threlkeld v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1988
  2. Luis Vargas-Sarmiento v. United States Department of Justice, Bureau of Citizenship and Immigration ServicesCourt of Appeals for the Second Circuit · 2006
  3. Frank F. And Judith J. Foil v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1990
  4. Portland Golf Club v. CommissionerSupreme Court of the United States · 1990
  5. Centra, Inc. And Central Transport, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1992

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